ACCEPTANCE OF GOODS
Orders will only be accepted subject to these conditions of sale.
TERMS OF PAYMENT
All orders must be paid in full prior to delivery or on completion of fitting or installation (as appropriate). No retention or set-off (whether in whole or in part) of any payment due to the company will be accepted by the company in any circumstances. The customer shall not be entitled to withhold payment by reason of any alleged minor defect. The company will investigate any alleged defect after payment in full. When payment is not made on the due date in accordance with this condition the company shall have the right to require payment of interest on the outstanding amount at a rate of 2% per month from the due date until the date of actual payment. Any variation in the applicable rate of VAT or, where not VAT is shown overleaf as chargeable, any imposition of VAT after the date of the order overleaf will be passed to the customer.
The installation shall commence within reasonable period of time from agreement of the order subject to all matters beyond the control of the company which prevent the company from executing the order.
OWNERSHIP OF GOODS
Until payment in full has been received by the company (namely Diamond Flooring Limited) all goods contained referred to or mentioned on the attached order shall remain the property of the company.
SIZES & TOLERANCES
Whilst every effort is made to supply floor coverings to the correct specification, slight variations are unavoidable. The British Standards Institute Tolerance is 1.25% either way (BS3655:1974).
DAMAGE OR SHORTAGE
Customers installing floor coverings themselves or using contractors other than those supplied by the company must inspect the floor covering prior to cutting it to ensure that the correct pattern quality and size has been received and the product is free from manufacturing faults or damage. The company will not be held responsible after that flooring has been cut into or laid.
PIPES AND CABLES
It is the customer’s responsibility to notify the fitter in writing of the location of any pipes or cables which might be damaged during the fitting. No responsibility can be accepted for damage to under floor pipes or cables or for consequential damage to property or fittings unless written notification has been given.
LIABILITY FOR DAMAGE TO GOODS & PROPERTY
The company shall not be responsible for any loss, damage or injury to any person or property caused by or due to the work specified unless caused by the neglect or default of ourselves and our contractors and the customer shall indemnify us from and against all costs, claims and expanses whatsoever arising out of any responsibility for any consequential damage. The company accepts no responsibility for any damage resulting from structural or other defects in the property at which the work is carried out.
While every effort is made to ensure satisfaction exact colour/design matching cannot be guaranteed between different widths of flooring due to manufacturing tolerances over which we have no control. Neither can exact matching be guaranteed between the floor coverings supplied and the sample displayed in the catalogue.
FURNITURE & OLD FLOOR COVERINGS
To facilitate speedy and efficient fitting rooms to be fitted must be cleared of all furniture, effects and old floor covering materials (including underlay) prior to the fitter’s arrival. The cost of such clearance is not included in our quotation and if required will be chargeable by the company in addition to the contract price as it will be deemed to constitute an unanticipated additional service and expense. The customer hereby agrees to permit the company reasonable access to the place of work for the purpose of fulfilling their obligations under this order.
Our quotations do not include the cost of easing or trimming doors. We are happy to supply the customer with a quotation for this work if required.
Should solid floors not accept concrete nails and drillings, plugging or sticking is necessary, an additional charge will be made according to the circumstances.
A minimum of 14 days notice is required for delivery and fitting goods held in storage waiting customer’s instruction. Free storage facilities are available for 1 month only and thereafter a monthly charge will be made.
Wood is a natural material and whilst every effort is made to ensure satisfaction, exact colour, shading, grain, texture and knot number, location density and positioning, cannot be guaranteed as they are outside the company’s control. Neither can exact matching be guaranteed between the wooden flooring supplied and the sample displayed on request. Further, the shade, colour, and resilience of the wood may change as the wood matures or is exposed to environmental factors outside the company’s control following the fitting of the wooden flooring. Wood is a hygroscopic material and is therefore liable to be affected by humidity levels and moisture following its fitting and installation. The company accepts no responsibility for any damage, lifting, warping or distortion to wooden floor coverings which may result from moisture, dampness and humidity levels, within the rooms and property within which wooden floor is fitted or from incorrect maintenance and cleaning of the wooden flooring. The company produces a maintenance information sheet for wooden flooring and is happy to make this available to the customer upon their request if not provided when the wooden flooring is fitted. Wooden flooring can be easily marked by the placing upon or moving or dragging across it or heavy items including furniture. The company recommend that the flooring is protected from this by placing items of furniture upon rubber or felt pads that can be easily obtained for this purpose and that heavy items of furniture are not dragged across or dropped upon the flooring. When installed, wooden flooring is protected and finished by sealing with a protective finish (sometimes coloured) of the customer’s choice details of which are set out in the attached order. The removal of and reapplication of such a finish is a labour intensive and time consuming process and requires the use of expensive equipment and materials. The company does not accept any responsibility or liability for any requirement to change the type and/or colour of any finish applied to the wooden flooring at the customer’s request a the time of this order and in the event that a change of finish and/or colour is requested by the customer following the commencement of its application the company reserves the right to charge a reasonable additional sum to the customer in respect of additional labour and materials costs incurred.
To retain the best appearance of wooden floors refer to the maintenance manual provided on completion of fitting or upon request.
Whilst every effort is made to execute orders promptly the company cannot accept liability arising from delay howsoever caused.
All floor coverings must be inspected prior to cutting or fitting to ensure that the correct pattern, quality and dimensions have been received.
Claims of shortage will not be entered into after goods have been cut. Floor coverings should therefore be inspected prior to cutting. If customers own measurements are incorrect the customer is liable to a delivery charge and a reorder charge of all products supplied.
PASSING OF PROPERTY
All goods are at risk of the customer as soon as they have been delivered by or collected from the company but the property and ownership of the goods will not pass until payment in full has been received and without retention or set-off by the company.
The company will not be held responsible for delays in completion of work caused by other trades or any other circumstances outside its reasonable control.
Cancellations cannot be accepted for orders after goods have been cut or despatched by the manufacturer of for special orders if manufacture has already commenced.
FIXTURES AND FITTINGS
All desks and working surfaces must be cleared. The company will not be responsible for removal of computers, VDU’s or any other equipment. All rooms must be cleared. The company will not be responsible for damage caused to furniture, ornaments or equipment left in the rooms or rooms in which the floor coverings are to be fitted pursuant to this order.